Calvin Gaddy v. Robert Ward, No. 13-7005 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7005 CALVIN L. GADDY, a/k/a Calvin Lyndale Gaddy, Plaintiff - Appellant, v. MR. ROBERT WARD; MRS. ANN HALLMAN; WARDEN LARRY CARTLEDGE; AMY MACHANN, FSS #; ATTORNEY GENERAL S OFFICE; DONALD ALTMAN, Perry C. I., SCDC #261468, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. Joseph F. Anderson, Jr., District Judge. (8:12-cv-03549-JFA-JDA) Submitted: August 22, 2013 Decided: August 27, 2013 Before MOTZ, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin L. Gaddy, Appellant Pro Se. Steven Michael Pruitt, MCDONALD, PATRICK, POSTON, HEMPHILL & ROPER, LLC, Greenwood, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin L. Gaddy seeks to appeal the district court s order adopting the magistrate judge s report and recommendation and dismissing Gaddy s 42 U.S.C. § 1983 (2006) complaint as to one of the named defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). to appeal is neither a final The order Gaddy seeks order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Gaddy s motion for leave to file newly-discovered evidence and motion for default judgment. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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